On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export...more
8/6/2025
/ Bureau of Industry and Security (BIS) ,
China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Guilty Pleas ,
National Security ,
Popular ,
Semiconductors
On July 23, 2025, the White House unveiled “Winning the AI Race: America’s AI Action Plan,” which provides for federal policy actions the Trump Administration intends to take related to Artificial Intelligence (AI). The...more
7/25/2025
/ Artificial Intelligence ,
China ,
Enforcement ,
Export Controls ,
Foreign Direct Product Rule ,
Infrastructure ,
International Trade ,
National Security ,
Regulatory Requirements ,
Semiconductors ,
Trump Administration ,
U.S. Commerce Department
On July 11, 2025, the Trump administration published an order forcing Suirui International Co., Limited—a Hong Kong company that is majority owned by Suirui Group Co., Ltd., a People’s Republic of China company—to unwind its...more
7/16/2025
/ Acquisitions ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Divestiture ,
Foreign Corporations ,
Foreign Investment ,
Hong Kong ,
Investment ,
National Security ,
Trump Administration
Section 232 investigations determine whether the targeted U.S. imports threaten to impair U.S. national security. At the conclusion of a Section 232 investigation (which can last for up to 270 days), the President must...more
4/22/2025
/ Bureau of Industry and Security (BIS) ,
Executive Orders ,
Government Investigations ,
Imports ,
National Security ,
Pharmaceutical Industry ,
Section 232 ,
Semiconductors ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department
On April 2, 2025, President Donald Trump issued an executive order (EO) on tariffs called "Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States...more
4/8/2025
/ Canada ,
China ,
Executive Orders ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
The Commerce Department’s Bureau of Industry and Security (BIS) has released a pair of long-awaited rules that impose additional export controls on advanced computing integrated circuits (ICs) and artificial intelligence (AI)...more
The United States Department of Commerce issued an advance notice of proposed rulemaking under its “information and communications technology and services” (ICTS) regulations on Friday to solicit comments from U.S. industry...more
On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more
12/2/2024
/ Biden Administration ,
China ,
Corporate Counsel ,
Covered Person ,
Covered Transactions ,
Cyber Policies ,
Due Diligence ,
Effective Date ,
Executive Orders ,
Foreign Investment ,
Investors ,
Military End Use ,
National Intelligence Agencies ,
National Security ,
New Regulations ,
Outbound Transactions ,
Popular ,
Prohibited Transactions ,
Semiconductors ,
Surveillance ,
Technology Sector ,
U.S. Treasury
On July 24, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) announced amendments to the U.S. Export Administration Regulations (EAR), expanding the reach of U.S. export jurisdiction over certain...more
7/30/2024
/ Amended Regulation ,
Bureau of Industry and Security (BIS) ,
Commerce Control List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Direct Product Rule ,
Iran ,
Jurisdiction ,
Russia ,
Software ,
Technology ,
Ukraine
The Bureau of Industry and Security (BIS) has published its spring 2024 regulatory agenda along with the rest of the Commerce Department. Of note is the continued focus on access to emerging technology, particularly relating...more
7/30/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Computing ,
Data Centers ,
Export Controls ,
Exports ,
Final Rules ,
Innovative Technology ,
Interim Final Rules (IFR) ,
National Security ,
Proposed Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Technology ,
U.S. Commerce Department
Earlier this week, the U.S. Bureau of Industry and Security (BIS) published new guidance on identifying and responding to parties that present a risk of diversion of export-controlled items to countries or entities of...more
Citing Russia’s “transition to a full war economy,” the United States imposed sweeping new sanctions and export controls on Russia and Belarus today, including companies and individuals that continue to supply Russia’s...more
6/13/2024
/ Belarus ,
Belarus Sanctions ,
Biden Administration ,
Blocking Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Financial Institutions ,
Foreign Policy ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
SDN List ,
Software ,
Software Developers ,
Technology Sector ,
Ukraine ,
US State Departments
This alert has been updated to address the May 2024 announcement by Turkey of its suspension of exports and imports with Israel and the impact for United States antiboycott compliance. ...more
6/7/2024
/ Boycotts ,
Compliance ,
Exports ,
Imports ,
Israel ,
Israel/Palestine ,
Middle East ,
Military Conflict ,
Popular ,
Supply Chain ,
Trade Restrictions ,
Turkey
On May 14, 2024, the Office of the United States Trade Representative (USTR) announced expansions to tariffs under § 301 of the Trade Act of 1974 (§ 301) on imports from China, including tariff increases on currently covered...more
5/23/2024
/ Batteries ,
China ,
Electric Vehicles ,
Federal Register ,
Imports ,
Lithium Batteries ,
Medical Equipment ,
Plastic Solar Cells ,
Section 301 ,
Semiconductors ,
Tariffs ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more
5/22/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Computing ,
Compliance ,
Department of Justice (DOJ) ,
Due Diligence ,
Export Controls ,
Exports ,
Hardware ,
IaaS ,
Know Your Customers ,
Military End Use ,
National Security ,
Popular ,
Proposed Legislation ,
Proposed Rules ,
Semiconductors ,
Sensitive Personal Information ,
Software ,
Supply Chain ,
Technology Sector
On April 24, 2024, President Biden signed into law an emergency supplemental appropriations law, H.R. 815 (Public Law 118-50), that provides substantial military aid to Ukraine, Israel, and Taiwan and could force the sale of...more
5/1/2024
/ Appropriations Bill ,
Biden Administration ,
China ,
Economic Sanctions ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
International Harmonization ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Statute of Limitations ,
Taiwan ,
TWEA ,
Ukraine
A congressional proposal to sever ties between United States and Chinese biopharmaceutical companies is far from a done deal, but its bipartisan support is a concrete reminder to consider options for supply chain...more
The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei...more
2/26/2024
/ Bureau of Industry and Security (BIS) ,
Business Operations ,
Doing Business ,
Economic Sanctions ,
Entity List ,
Export Bans ,
Financial Institutions ,
Investors ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Russia ,
Technology Sector ,
Ukraine
The United States Department of Commerce (Commerce) issued a notice of proposed rulemaking (NPRM) seeking comments on new proposed regulations that would, if enacted, impose extensive Know Your Customer (KYC) and Customer...more
2/1/2024
/ Artificial Intelligence ,
Biden Administration ,
Comment Period ,
Customer Identification Program (CIP) ,
Financial Services Industry ,
IaaS ,
Know Your Customers ,
New Rules ,
NPRM ,
Technology Sector ,
U.S. Commerce Department
The Commerce Department’s Bureau of Industry and Security (BIS) has published new FAQs that offer further guidance on two interim final rules that went into effect in November 2023.
hese rules, for which the BIS is...more
1/12/2024
/ Anti-Terrorism Financing ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Electronic Export Information (EEI) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
General Licenses ,
Interim Final Rules (IFR) ,
ITAR ,
Licenses ,
Semiconductors
Following the deadly terrorist attacks on Israel by Hamas and the ensuing conflict in the region, companies with a presence in Israel and the broader Middle East are responding to the immediate needs of impacted personnel and...more
10/17/2023
/ Commerce Control List ,
Export Administration Regulations (EAR) ,
Hamas ,
Imports ,
Israel ,
ITAR ,
Personal Protective Equipment ,
Popular ,
Sanctions ,
Trade Relations ,
US Trade Policies ,
USML
The U.S. government is turning up the dial on its efforts to combat evasion of export controls and sanctions against Russia. The severe trade restrictions against Russia (and Belarus) have seen continuous escalation since...more
9/26/2023
/ Anti-Money Laundering ,
Belarus ,
Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
FinCEN ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Suspicious Activity Reports (SARs) ,
Trade Restrictions ,
Ukraine
On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
On July 26, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) and the U.S. Department of Justice (DOJ) released joint...more
7/31/2023
/ Anti-Money Laundering ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Disclosure ,
Disclosure Requirements ,
Enforcement ,
Export Controls ,
FinCEN ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblowers
As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more
5/30/2023
/ Attestation Requirements ,
Biden Administration ,
Cybersecurity ,
Deadlines ,
Executive Orders ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
OMB ,
Public Comment ,
Software ,
Software Developers ,
Supply Chain